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1992-35 Lease Agreement-Tree Nursery RESOLUTION NO. 92 - 35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND EVERGLADES TREE NURSERY, INC. FOR THE PURPOSES OF ESTABLISHING A TREE NURSERY WHICH SHALL BECOME KNOWN AS PARKLAND TREE FARM, WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens to enter into the attached Agreement between the City of Parkland and Everglades Tree Nursery, Inc. for the purposes of establishing a tree nursery. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1: The appropriate City officials are hereby authorized to execute the attached 'Agreement between the City of Parkland and Everglades Tree Nursery, Inc, Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption, PASSED AND ADOPTED THIS 21 DAY OF OCTOBER 1992. ~ ~4A~ SAL PAGLIA A, yor S SUSAN CLERK LEASE This Lease Agreement entered into this 21stday of OCTOBER , 1992 by and between EVERGLADES TREE NURSERY, INC. (hereinafter referred to as EVERGLADES) and the CITY OF PARKLAND, a municipal corporation (hereinafter referred to as PARKLAND), as follows: WHEREAS, EVERGLADES and PARKLAND previously entered into a Lease Agreement on November 16, 1988 for the purposes of establishing a tree nursery and that said Lease will hereby become cancelled having no force and effect; and, WHEREAS, EVERGLADES and PARKLAND desire to cooperate in revitalizing the previously developed tree nursery which shall now become known as the PARKLAND TREE FARM; and, WHEREAS, EVERGLADES will again make available the area where the previous tree nursery was located together with the trees located thereupon for the purpose of farming trees and other plant types; and, WHEREAS, there are approximately 350 Slash Pine Trees on said property, the title of which shall be with PARKLAND; NOW, THEREFORE, be it agreed by and between the parties as follows: 1. All above recitations are true and correct and incorporated herein as part of this agreement. 2. That EVERGLADES shall lease to PARKLAND the property described on Exhibit "A" attached hereto and made a part hereof for the purposes of a tree farm. PARKLAND may use such premises for a tree farm and all purposes normally attendant and accessory thereto, including but not limited to, accessibility for the planting of trees and other plant species, the removal of trees and other plant species and for maintenance of the property which shall be the sole responsibility of PARKLAND. 3., That as part of this Lease, EVERGLADES shall provide to PARKLAND the use of its mist house, subject to its availability. 4. PARKLAND shall pay to Everglades the sum of One Dollar ($1.00) per year as consideration for this Lease. 5. PARKLAND shall include the subject property on its liability insurance policy and furthermore shall indemnify and hold harmless EVERGLADES from any and all claims, causes of action, judgments or other obligations incurred by EVERGLADES as a result of any of PARKLAND's actions pursuant to this agreement. 6. This Lease shall remain in existence until either party provides six (6) months written notice of intent to terminate. 7. All notices to be provided under this Lease shall be mailed to the following addresses: PARKLAND EVERGLADES 6500 parkside Drive Parkland, Florida 33067 8585 Holmberg Road Parkland, Florida 33067 CITY OF PARKLAND ~~~ MAYO S PAG . ~~ a.- ?\j ~~- WITNESS BY: STATE OF FLORIDA ) COUNTY OF BROWARD) Before me personally appeared SAL PAGLIARA as Mayor of the CITY OF PARKLAND, known to me to be the person described in and who executed the foregoing instrument, and he acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this tJ~U d {~day of , 1992. NOTARY . .-.-.,.. .-. ....." M~I'[,Qf)IJQ~~,ep Expirel1t ~'.-: }.:(JMN.r$~iION Exp or'n.,. .\ lIvh"i.:.U IImu Gflll."l'J~' Dre.zot 1994 _._.. I "'''10_ INS. UNO. BY: ..J.'a-~.t..M (f: ~/~{)j, ./.... WITNESS ( ~.A /.' '-""(., (L-U(..-(U)..tL..- ~,It('-~rt(T L./ WITNESS -. STATE OF FLORIDA ) COUNTY OF BROWARD) Before me personally appeared PETE BEATY as President of EVERGLADES TREE NURSERY, INC., known to me to be the person described in and who executed the foregoing instrument, and he acknowledged to and before me that he executed said instrument for the purpose therein expressed. WITNESS my hand and official seal, this of ~OI.J. <1 day ~ QOt;H'~JU.LIA sH;e~ STATECFFURbA . OOJM. EXP. 11 ~ BON 0 EO/'Zl/f;G Florida EXHIBIT "A" EVERGLADES TREE NURSERY, INC CITY OF PARKLAND .---. ~I ~i ~, ill i : i · !ii' L~J . rrJ < rrJ :::0 C) r )> o rrJ l/l -l ::::0 IfTl ifTl Z I C I ::::0 ' l/l ! fTl I ::::0 I -< I I _______~~~~~_~_~9~~_~_______-! ::::0 .." fTl l/l - Z r fTl l/l (J 0 1"1 :E: ):- 0 X 0 l> -i :Xl 0 r- 1"1 )> :r: r- .. :E "- C fTl --..J z ~ N - OJ -l :Jt: 0 lP -0 Z 1 -<: (J'l .......... ~>>N) 2>~ N .. ..... (J) 0 lP -l 0 lP 1"1 -. I z II -i 1.0 0 ):- [T1 :I: ::::0 N -t -i .... ...... -< .... fTl . l> <..D 0 0 rn Cl ::::: N 0 z -l I 0 VJ U1